Pubdate: Tue, 21 Jun 2016
Source: Record, The (Kitchener, CN ON)
Copyright: 2016 Metroland Media Group Ltd.
Contact:  http://www.therecord.com/
Details: http://www.mapinc.org/media/225
Author: Jacques Gallant
Page: B6

MINOR POT CASES STILL GOING FORWARD: 'NOBODY KNOWS WHAT'S GOING ON'

It would appear no amount of weed is too small for the federal
government to prosecute as it works toward legalizing the drug for
recreational use.

Brandon Richards was pulled over after leaving the parking lot of a
Guelph strip club shortly after 1 a.m. in October 2014 for a sobriety
check. He passed, but the officer said he detected the odour of marijuana.

The big discovery: 1.15 g of pot. A street value of about
$10.

Richards was charged with simple possession, and the Public
Prosecution Service of Canada, the federal agency that handles drug
crimes, chose to take the matter to court, where Richards was found
guilty and ordered to pay a $100 fine in April 2015.

The Liberals, with their promise of legalization, were elected to
power a few months later.

Richards appealed his conviction, and the PPSC fought him there as
well. But late last month Superior Court Justice Casey Hill overturned
Richards' conviction, saying the police officer failed to advise him
of his right to a lawyer after asking him if he had any marijuana.

The case is one example for why Justice Minister Jody Wilson-Raybould
should order the PPSC to stop prosecuting individuals for simple
possession of marijuana while it works on legalization, Richards'
lawyer told reporters.

"Nobody knows what's going on, nobody knows who to ask what's going
on, and we're in this very strange position where marijuana is still
illegal, but it's been announced that it's going to be legal," said
Benjamin Goldman.

"I think the message sent to the public is that there is no
consistency and no predictably in the system."

Federal Health Minister Jane Philpott announced in April that the
government intends to legalize pot for recreational use by next
spring. A task force is expected to present its recommendations on
legalization later this year.

In the meantime, it's business as usual at the PPSC when it comes to
pot.

"The cannabis-related offences contained in the Controlled Drugs and
Substances Act have not been amended and continue in force," said an
agency spokesperson.

The decision to take individuals to court - an exhausting and costly
experience - for such small amounts of marijuana and then slap them
with criminal records "seems inappropriate" given that legalization is
imminent, said criminal defence lawyer Daniel Brown, who was not
involved in the case. "There are serious cases being stayed or thrown
out of court because of delay when the courts are clogged up
prosecuting relatively minor marijuana charges, and it's important to
prioritize matters to ensure that the serious cases are the ones being
prosecuted," he said.

On appeal, Hill ruled that the failure of the Guelph police officer to
immediately advise Richards of his right to counsel was serious.

"Traffic stops are a routine feature of the duties of uniformed patrol
officers. There should have been no legal uncertainty as to the
officer's obligations," Hill wrote. "This is hardly a trivial,
technical, or inadvertent breach."
- ---
MAP posted-by: Matt